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Article: Lilly Opposes Creating Mdl For Cymbalta 'brain Zap' Suits


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#1 FiveNotions

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Posted 16 September 2014 - 06:48 PM

Worth the read ...
http://www.law360.co...brain-zap-suits


FTA: Law360, New York (September 10, 2014, 2:37 PM ET) -- Eli Lilly & Co. fired back on Tuesday at plaintiffs’ attempt to centralize 28 suits in California alleging the drug company misled them about the "brain zaps" and other negative withdrawal effects they would suffer when they stopped taking antidepressant Cymbalta, telling the U.S. Judicial Panel on Multidistrict Litigation the issues are largely individual.
According to Eli Lilly’s motion, the plaintiffs’ proposal to centralize the lawsuits alleging they suffered "brain zaps" and other debilitating health problems into multidistrict litigation would not be more convenient for the parties because individual issues predominate over common factual ones.

#2 FiveNotions

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Posted 16 September 2014 - 06:59 PM

I forgot to note: this is "our" case ... Knox Ricksen will be / is involved in this. Our cases from this forum will be added to this MDL.

 

To see why Lilly doesn't want the MDL to be granted, read the article I just posted about the recent $9 B MDL decision against Lilly and Takeda in another huge case.

 

Taking nice big bites out of those ugly butts. :P


#3 ZappAlta

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Posted 17 September 2014 - 03:11 AM

Thanks FN .. the site wants me to register to read the full article--I will check google and maybe locate the article

#4 FiveNotions

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Posted 17 September 2014 - 06:39 AM

Lilly Opposes Creating MDL For Cymbalta 'Brain Zap' Suits

Law360, New York (September 10, 2014, 2:37 PM ET) -- Eli Lilly & Co. fired back on Tuesday at plaintiffs’ attempt to centralize 28 suits in California alleging the drug company misled them about the "brain zaps" and other negative withdrawal effects they would suffer when they stopped taking antidepressant Cymbalta, telling the U.S. Judicial Panel on Multidistrict Litigation the issues are largely individual.
According to Eli Lilly’s motion, the plaintiffs’ proposal to centralize the lawsuits alleging they suffered "brain zaps" and other debilitating health problems into multidistrict litigation would not be more convenient for the parties because individual issues predominate over common factual ones.

“There is little to be gained from MDL centralization but delaying the ultimate resolution of these cases and the warehousing of cases that on their own merits would not warrant prosecution,” the motion said. “The MDL procedures should not be utilized to create a ‘field of dreams’ that attracts a swath of meritless claims that can be shielded from individualized discovery under the Federal Rules.”

The plaintiffs will have to prove that their physicians were unaware of the “well-recognized” risk of side effects with antidepressants, which will be a “formidable task,” Eli Lilly said. If the cases were centralized in an MDL, they would be shielded from the prompt deposition of physicians, and the litigation would be prolonged and not expedited.

Eli Lilly also argues the cases would be better heard individually because they are not that numerous.

“This litigation does not present the unique coordination challenges for which MDL centralization is reserved,” the motion said. “The proposed MDL is comprised of a small number of actions, the vast majority of which were filed in the days immediately prior to plaintiffs’ centralization motion.”

On Aug. 15, the plaintiffs filed a motion urging the JPML to centralize the cases. The product liability suits were filed in states across the country, including Maryland, Georgia, Louisiana, Florida and Pennsylvania, though 10 of the 28 were filed in California alone — seven of which were filed in the Central District of California, where the plaintiffs are seeking to have the suits consolidated.

Each of the plaintiffs alleged Cymbalta causes withdrawal reactions and injuries when the plaintiffs ceased or attempted to cease ingesting the drug. They also claim Lilly failed to adequately warn about the withdrawal risks associated with the medication and actually presented it as having a much lower risk of withdrawal — 1 percent — when the risk was actually at least 44.83 to 50.8 percent higher, according to the filing with the JPML.

The withdrawal symptoms include electric-shock sensations in the body and brain — known as "brain zaps” — dizziness, nausea, vomiting, vertigo, excessive sweating, insomnia, nightmares and diarrhea, according to attorneys for the plaintiffs.

The panel was told in August that transferring the suits is appropriate as the actions involve common questions of fact, including Cymbalta’s capacity to cause withdrawal injuries and whether the drug company properly warned about the medication’s withdrawal risks. The plaintiffs also said transferring to a single district would be convenient for pretrial proceedings and that, if the cases aren’t centralized, the parties and courts may have to deal with duplicative discovery and pretrial proceedings, and inconsistent rulings.

Representatives for the plaintiffs were not immediately available for comment Wednesday.

The plaintiffs are represented by Michael L. Baum and R. Brent Wisner of Baum Hedlund Aristei & Goldman PC as well as Harris L. Pogust and T. Matthew Leckman of Pogust Braslow & Millrood LLC.

Eli Lilly is represented by Michael X. Imbroscio of Covington & Burling LLP.

The suit is In re: Cymbalta Products Liability Litigation, MDL number 2576, before the U.S. Judicial Panel on Multidistrict Litigation.

--Additional reporting by Lisa Ryan. Editing by Jeremy Barker.

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